Convicted drug dealer John Gilligan and his family have been given three months, by the Supreme Court, to leave their homes, one in Co Meath and one in Blanchardstown, before the Criminal Assets Bureau (Cab) moves to sell or lease them.
The orders represent the end of the Gilligans’s 21-year legal battle over the two houses and three other properties.
Gilligan’s wife Geraldine and daughter Tracey, a mother of two, had sought to be allowed stay a further two years in a house described as a “cottage” at Jessbrook, Co Meath.
Gilligan and his son Darren sought a two-year stay in relation to a house at Corduff, Blanchardstown, owned by Darren. Their lawyers indicated their clients needed time to pursue social-housing applications and have their names placed on the housing list.
Proceeds of crime
Counsel for Darren and Tracey Gilligan said Darren (41) is on disability benefit while Tracey is a lone parent with two children. Tracey has an adult daughter and a young daughter at primary school, counsel said.
There was no evidence of any criminality on the part of Tracey and the High Court had found her 20 per cent interest in a property in Lucan did not represent proceeds of crime, the court was told.
Counsel for John and Geraldine Gilligan, while accepting the domestic litigation could go no further, indicated his clients were considering a possible appeal to the European Court of Human Rights.
John Gilligan (64) is not yet entitled to the State old-age pension and “may soon have ho house to live in”, counsel said.
Benedict Ó Fhloinn SC, for Cab, opposed a two-year or any lengthy stay, arguing the litigation had been “prosecuted to a maximum”, gone on for a very long time and had ultimately been found to be “unjustifiable”.
He was not trying to be “hard-hearted” but the Gilligans, “uniquely”, compared to many other citizens who faced losing their homes, had had a very long time to make alternative housing arrangements and there was no reason why they should be in a different position from others now.
Counsel also suggested the court could consider whether the order granting the Gilligans legal aid for their proceedings should be rescinded. He accepted, if it was sought to have the legal aid rescinded, there would have to be a formal application by Cab for that.
Lawyers for the Gilligans said they would strongly oppose any such application
Drug trafficking
Mr Justice William McKechnie said, “speaking for myself”, he would consider any such application by Cab a “gross injustice”.
The Chief Justice, Ms Justice Susan Denham, remarked this was no more than a "floating idea" by Cab and there was no formal application before the court to rescind legal aid.
Having considered the stay and costs issues, the five-judge Supreme Court said it would grant a three-month stay on the orders allowing Cab take possession of the two houses at Blanchardstown and Jessbrook.
It also ruled Cab was entitled to its costs of the appeals before the Supreme Court against John, Geraldine and Darren Gilligan but not Tracey Gilligan.
Because all four Gilligans got legal aid for the appeals, the State will fund the costs of the appeals.
The final orders were made after the Supreme Court last month dismissed the Gilligans’ appeals over proceeds of crime orders made in relation to some of their assets. The Gilligans had claimed they did not receive a proper trial when assets were frozen by the State in 1996 and subsequent court rulings based on that decision were flawed or invalid.
The property included an equestrian centre at Jessbrook, Enfield, Co Meath, which John Gilligan bought and developed before he spent 17 years in prison for drug trafficking.
Other property owned by Geraldine, Tracey and Darren was also found to be the proceeds of crime. The properties were two houses in Lucan, one belonging to Tracey, and the house in Blanchardstown belonging to Darren.
